No Agency; Subcontractors. CONTRACTOR shall perform this Agreement as an independent contractor and shall not be an agent or an employee of OWNER. CONTRACTOR shall have the right to cause Work to be accomplished by Subcontractors, pursuant to written subcontracts between CONTRACTOR and such Subcontractors. CONTRACTOR shall provide written notice to OWNER identifying each proposed Subcontractor the value of whose subcontract is expected to equal or exceed [***] (each a “Major Subcontractor”). CONTRACTOR shall not enter into any subcontract for performance of the Work with any Major Subcontractor as to whom OWNER has reasonably and timely made objection. OWNER hereby acknowledges approval of the potential Subcontractors listed on the Approved Vendors List included in Exhibit I, and agrees that no further approval of CONTRACTOR’s use of any Person appearing on said list is necessary. All such subcontracts shall be subject to and consistent with, and require the Subcontractors to satisfy, all applicable terms and conditions of this Agreement. This Agreement shall create no contractual relationship between OWNER and any Subcontractor; provided, however, that each subcontract shall be assignable to OWNER in the event of any termination of this Agreement by OWNER, and upon request of OWNER, at OWNER’s option, CONTRACTOR shall assign such contracts to OWNER at or after any such termination. Further, CONTRACTOR shall include in each subcontract a provision substantially the same as the assignment clause contained in Exhibit XVIII attached hereto. CONTRACTOR shall pay each Subcontractor in accordance with the terms and conditions of the subcontract between them. Subject to Article XII hereof, failure to perform by any Subcontractor shall not constitute an excuse or defense to performance by CONTRACTOR hereunder.
Appears in 2 contracts
Samples: Procurement and Construction Contract (Nevada Geothermal Power Inc), Procurement and Construction Contract (Nevada Geothermal Power Inc)
No Agency; Subcontractors. CONTRACTOR shall perform this Agreement as an independent contractor and shall not be an agent or an employee of OWNER. CONTRACTOR shall have the right to cause Work to be accomplished by Subcontractors, pursuant to written subcontracts between CONTRACTOR and such Subcontractors. CONTRACTOR shall provide written notice to OWNER identifying each proposed Subcontractor the value of whose subcontract is expected to equal or exceed [***] ten thousand dollars (each $10,000.00)(each a “Major Subcontractor”). CONTRACTOR shall not enter into any subcontract for performance of the Work with any Major Subcontractor as to whom OWNER has reasonably and timely made objection. OWNER hereby acknowledges approval of the potential Subcontractors listed on the Approved Vendors List included in Exhibit I, and agrees that no further approval of CONTRACTOR’s use of any Person appearing on said list is necessary. All such subcontracts shall be subject to and consistent with, and require the Subcontractors to satisfy, all applicable terms and conditions of this Agreement. This Agreement shall create no contractual relationship between OWNER and any Subcontractor; provided, however, that each subcontract shall be assignable to OWNER in the event of any termination of this Agreement by OWNER, and upon request of OWNER, at OWNER’s option, CONTRACTOR shall assign such contracts to OWNER at or after any such termination. Further, CONTRACTOR shall include in each subcontract a provision substantially the same as the assignment clause contained in Exhibit XVIII attached hereto. CONTRACTOR shall pay each Subcontractor in accordance with the terms and conditions of the subcontract between them. Subject to Article XII hereof, failure to perform by any Subcontractor shall not constitute an excuse or defense to performance by CONTRACTOR hereunder.
Appears in 1 contract
Samples: Procurement and Construction Contract (Nevada Geothermal Power Inc)
No Agency; Subcontractors. CONTRACTOR shall perform this Agreement as an independent contractor and shall not be an agent or an employee of OWNER. CONTRACTOR shall have the right to cause Work to be accomplished by Subcontractors, pursuant to written subcontracts between CONTRACTOR and such Subcontractors. CONTRACTOR shall provide written notice to OWNER identifying each proposed Subcontractor the value of whose subcontract is expected to equal or exceed [***] ten thousand dollars ($10,000.00) (each a “Major Subcontractor”). CONTRACTOR shall not enter into any subcontract for performance of the Work with any Major Subcontractor as to whom OWNER has reasonably and timely made objection. OWNER hereby acknowledges approval of the potential Subcontractors listed on the Approved Vendors List included in Exhibit I, and agrees that no further approval of CONTRACTOR’s use of any Person appearing on said list is necessary. All such subcontracts shall be subject to and consistent with, and require the Subcontractors to satisfy, all applicable terms and conditions of this Agreement. This Agreement shall create no contractual relationship between OWNER and any Subcontractor; provided, however, that each subcontract shall be assignable to OWNER in the event of any termination of this Agreement by OWNER, and upon request of OWNER, at OWNER’s option, CONTRACTOR shall assign such contracts to OWNER at or after any such termination. Further, CONTRACTOR shall include in each subcontract a provision substantially the same as the assignment clause contained in Exhibit XVIII attached hereto. CONTRACTOR shall pay each Subcontractor in accordance with the terms and conditions of the subcontract between them. Subject to Article XII 12 hereof, failure to perform by any Subcontractor shall not constitute an excuse or defense to performance by CONTRACTOR hereunder.
Appears in 1 contract
Samples: Engineering, Procurement and Construction Contract (Nevada Geothermal Power Inc)